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TYRANNY 



OF 



THEODORE ROOSEVELT 



Criticisms of President Roosevelt in His Attack on 

the Legislative and Judicial Departments 

of the Government 



HON. GEORGE WASHINGTON COOK 

Representative at Large from Colorado 



In the House Representatives, Washington, D. C. 
February 25, 1909 



WASHINGTON, D. C. 

JUDD & DRTWKILKR, INC. 

1909 



j^ 



76' 



LP 



C-"i 



SPEECH OF HON. GEORGE WASHINGTON COOK. 



The House being in Committee of tlie Whole House and 
having under consideration the Civil Suiidrv Appropriation 
Bill, February 25th, 1909— 

Mr. Cook, of Colorado, said: 

Mr. Speaker: As a Member of the United States Con- 
gress, and a coequal in power with the Executive Depart- 
ment, under the provisions of the Constitution, I claim and 
assert the right to defend my citizen constituents and myself 
from the encroachment* and abuse of the Executive power 
of the present National Administration. 

In the President's message of January 4, 1909, he uses the 
following language: '"In Colorado one of the Secret Service 
men was assassinated." This is positively an incorrect state- 
ment and not warranted by the facts. The truth is, Mr, 
Mason, superintendent, and Joseph A^anderweide, foreman, 
of the Porter Fuel Company, whose mines are situate 14 
miles west of Durango, at Hesperus, advised .James R. 
AValker, .-special agent of the Government, and three other 
Government detectives, if they desired to examine the coal 
property, a competent guide and safety lamps Avould be fur- 
nished, but instead of this Mr. Walker took the three men 
and went to the property armed, and entered an abandoned 
coal shaft belonging to the Porter Fuel Company and low- 
ered the three men with a block and tackle, a distance of 70 
feet into the mine, using naked lights — a foolish ancT crim- 
inal act, which might have caused an explosion, killing 60 
miners employed therein. 

When Special Agent Walker saw Mason approaching, he 
fired one shot at ^Nlason and attempted to fire a second time, 
when Joseph A^anderweide, armed witli ;i <liotgun, fired, 
killing Walker. 

Both Mason and ^'andorweidc w(>ro tried in the district 
courts of Colorado, at Durango. and iic(|uitte(l. 

Special Agent Walker and his three associates had no war- 
rant of law or authdrity from the owners or olficers of the 
Porter Fuel C(im]>any to enter therein, but were tre-pa-ssers. 



2 

Mason and A'anderweide, after being acquitted in the State 
court at Durango, were taken before Judge Lewis, of the 
United States District Court at Denver, and were acquitted 
of the charge of murder. One of the three men let down 
into the mine by the block and tackle was a notorious horse 
thief and employed by the Secret Service of the Government. 

The date of the killing was November 3, 1907. 

In the President's message of January 4, 1909. in his de- 
fense of the Secret Service, reference was made to the Colo- 
rado cases still pending in the United States Supreme Court. 

On January 10. 1908, I addressed an open letter to the 
President of the United States, the Vice-President. Speaker 
Cannon, the honorable members of the Supreme Court, the 
members. of the Cabinet, and all of the members of the 
Sixtieth Congress. 

And I read from portions of that letter as follows : 

*'I most earnestly protest against the continued high- 
handed, pernicious political persecution made by certain of 
the Department bureaus of the Government in this city, 
branding many of our most honorable, upright, and law- 
abiding business men of Colorado as criminals. 

"Their only information and authority for such malicious 
statements are reports made to them by non-resident special 
agents and 'prosecutors' sent to Colorado, whose accusations 
against innocent men are for the sole purpose of securing 
personal promotion in Washington and the opportunity for 
the governmental l)ureaus here to disseminate among the 
press throughout the country misrepresentations as to timber 
land and coal thieves that do not exist in Colorado. 

'Q^udge Robert E. Lewis, of the United States District 
Court, Denver, on December 24th, 26th. and 30th, 1907, 
quashed all of the indictments against some thirty of our 
most worthy and reputable citizens, some of whom had been 
engaged in business in Colorado for thirty years, on the 
grounds that the Government had failed to find any evidence 
against these men, a most stinging and severe rebuke by 
Judge Lewis, of the United States District Court, an appointee 
of the present Administration. 

"Active preparations were made by certain high officials 
in "Washington for the prosecution of these cases, and who 



condemn honorable men of unquestioned integrity before 
being found guilty of any violation of the law or even given 
an opportunity of defense. 

"Judge Lewis' decision gives universal satisfaction to all 
of our people in Colorado, regardless of their political affilia- 
tions, and is indorsed by a united press ; in fact, every news- 
paper in the State most heartily commends Judge Lewis' 
action. Thus the truth has been vindicated. 

"In this connection I beg to call attention to editorial 
hel'ow from The Denver Republican of December 26, 1907; 
also editorial of December 25, 1907, written by ex-Senator 
T. M. Patterson, owner and editor of the Rocky Mountain 
News, Denver:" 

Extract from "The Denver Republican," Thursday, Decem- 
ber 26, 1907. 

A Return to Sanity in Land Affairs. 

By his decision quashing indictments against a number of 
local lumbermen. Judge Lewis in the United States court 
struck a blow for justice and sanity where it has been needed 
for some time. His action was a rebuke to the idea that 
seems to prevail in some quarters at Washington, that special 
agents are alone able to ferret out, punish, and prevent viola- 
tions of the land laws. Incidentally, it comes as a defense 
of the Westerner from the imputation of departmental Wash- 
ington that every one w^ho seeks to avail himself of the laws 
regulating the disposal of Government lands is inherently 
and by practice a criminal. 

No doubt Uncle Sam of himself is just as generously dis- 
posed in the matter of giving his Western lands to men who 
would use them as he was when his laws were drawn to regu- 
late their disposal; but' of late there has grown in the minds 
of some officials in Washington the idea that every man who 
ever filed a claim did so with malicious intent to rob the Gov- 
ernment and thwart the Department in its duty. As a part 
of that suspicion comes the thought that every Western man 
is in the conspiracy, and that therefore the regular agents of 
the Government are not to be trusted in such matters. This 
leads to sending West to unearth gigantic frauds special 
agents who, having their spurs to win, proceed to find what 
they are sent after. 

In many cases the special agent is one whose knowledge of 



practical affairs is confined to holding a job in Washington. 
Coming West and discovering that certain individuals have 
made money by availing themselves of the Government's 
liberality in land affairs, such a man leaps promptly to the 
conclusion that there was fraud in acquiring the lands. His 
philosophy cannot cover the fact that the Westerner in tak- 
ing advantage of the land laws as they exist may make 
money and still be honest — that the laws are drawn to give 
him that very opportunity. To him the fact of having 
taken up lands and made money becomes ground enough for 
charging fraud, and he rushes to the courts and begins 
action. 

When the suits dismissed by Judge Lewis were brought 
against some of the most reputable business men of Colorado, 
most people understood that they were the outgrowth of this 
excess of zeal on the part of such special agents. Men of the 
highest character were forced for a time to stand under the 
imputation of conspiracy to defraud the Government. They 
courted the fullest investigation, but the cases brought were 
found to have so flimsy a base that the Judge refused to let 
them be tried. In, so deciding he took pains to point out to 
the land officials that they had failed to show wherein a 
single law had l)een violated, and reminded them that it is 
beyond their power to determine how the Government ought 
to dispose of its lands, and then charge the commission of 
crime on that theory. 

The existing land laws have stood the test of time and have 
been a large factor in making the West. None too liberal, 
they are yet calculated, and rightly so, to benefit the man 
who avails himself of them. Men prosper from seizing the 
opportunities presented, just as the framers of the laws in- 
tended they should. The attitude of the Government 
toward settlers has not changed ; the laws passed by Congress 
stand today as they have stood for years. This idea of call- 
ing a man a thief because he has made his money out of land 
given him to use exactly for that purpose comes not from the 
Government, not from Congress or the Administration, but 
from the overzealous special agent set to find that a fraud was 
committed or write himself unequal to the task. Usually 
the men he is sent to accuse have been suspected in Washing- 
ton departments before the agent has begun even to collect 
evidence for the courts and he dare not fail to make good. 

The decision of Judge Lewis will go a long way toward 
putting a stop to such practices and bring about a return to 
sanity in land affairs. 



Extract from "The Daily News," Denver, Deceimher 25, 

1907. 

Good Men Cleared. 

One of the things that added to the Christma.s joy of this 
office was the action of Judge Lewis, of the Federal court, in 
quashing indictments against eleven citizens of Colorado. 
These men were charged with conspiracy to defraud the Gov- 
ernment, and Judge Lewis, assuredly a man not blind to his 
obligations to his country, has dismissed the charges in a 
decision which clears the indicted men of anything that 
could be called an offense. 

It is mightily satisfactory, for among these eleven were men 
like Charles D. McPhee and John J. McGinnity and Alex- 
ander T. Sullenberger. All of them are men past middle 
life, and their lives have been spent in upbuilding the com- 
munities which have been lucky enough to own them. All 
of them are men against whom no suspicion of dishonesty 
ever breathed. All of them have doubtless suffered more 
from this charge than a real criminal would have suffered 
from conviction and imprisonment. But at least they have 
the satisfaction of a ^^ndication as complete as the law can 
make it. And the News frankly rejoices. 

Up till last winter the Government had no right of appeal 
in cases like the present. Last winter a bill was passed con- 
ferring on the Government the right of appeal in criminal 
cases where indictments were quashed by a judge, not where 
the facts were passed on by a jury. But this does not mean 
that the indicted men will have to again stand trial. The 
law in question was passed simply for the puipose of getting 
an even, .^standardized construction of the law from the 
highest court in the land. Hitherto one judge has declared 
the law to be this and another one has declared with equal 
force that the law was that, and the Government agents 
have been orcatly puzzled by the conflicting interiirctations. 
The Government's new right of criminal appeal insui-es that 
the law will be uniformly constnied. But even if the Su- 
preme Court should reverse .Judge Lewis on this case, it will 
mean only a final statement of the meaning of the points 
of law involved. The old provision of the Constitution that 
no man shall twice be placed in jeopardy of life or limb for 
one offense still stands, and must .«tand forever. 

Our only regret is that the good and necessary work of 
running down the land frauds seems so likely to cause 
trouble and expense to honorable and worthy men. Per- 
haps this is one of those faults that cannot be helped, nnd 



6 

must even be endured with what grace one may summon- 
Anyway, Ave are glad that in this case the Avrong went na 
further, and that the decision of Judge Lewis was as sweep- 
ing as it is final. 

"Our citizens are willing and ready to meet the issue raised 
by the impulsive administration; but as to the purpose on 
the part of the latter I cannot comprehend, unless to con- 
tinue in the 'hmelight,' and therefore the country will be 
saved — from the Beaurocrats' point of view. 

''The article in the Washington Star of December 31, 
1907, quotes the Commissioner of the Land Office to say: 
'They will call 60 to 80 violations of the land laws in Colo- 
rado to the attention of the grand jury, and some of these 
may involve a number of the very persons whom Judge 
LcAvis has discharged.' 

"This is a subterfuge bordering on the farcical, and is 
disseminated to the pre^s of the country for the purpose of 
misleading the public as to so-called land frauds that do not 
and have not existed in Colorado. 

"Our citizens in Colorado have submissively and with pa- 
tience undergone these persecutions for alleged offenses, and 
every fair-minded citizen should join in commendation that 
we have in our beloved country true judges, who have the 
courage of their convictions and believe in justice to every 
citizen and a real 'square deal emphasized.' " 

The President called a special meeting of the Cabinet on 
December 31, 1907, to take action as to Judge Lewis' decision 
in the Colorado cases. 

The President criticized the Judiciary, and authorized the 
Attorney General, in these words: "The Government will use 
every means in its power to bring about in the higher courts 
disapproval of the decision of Judge Lewis." 

The unprecedented and dictatorial encroachment of the 
Executive against the Legislative and Judicial Departments 
of the Government is almost a daily threat to the peace and 
prosperity of the Republic and should be knocked on the 
head by the constitutional decision of the Supreme Court, 
as I prophesied in my general letter hereinbefore referred 
to. I quote the gist of the decision delivered by Justice 



White, of the Supreme Court, on January 4, 1909, all of the 
Associate Justices of the United States Supreme Court con- 
curring, as to the Colorado cases. He said : 

■"This also serves to demonstrate that no error was com- 
mitted by the court below in holding that, under section 
5440, acts charged in the indictment could not possibly have 
constituted a defrauding of the United States in any manner 
or for any purpose within the intendment of the section." 

Strange and miraculous to say, that same day, January 4, 
1909, as to the Colorado cases, the decision by the Supreme 
Court of the United States knocked the Administration 
legally on the head, as I had predicted in my open letter of 
Januarv 10, 1908. 



By the dictation of the President, the ^Vttorney General at 
"Washington appealed these Colorado cases, with a great 
flourish, to the Supreme Court of the United States, and that 
grand body of just judges aihrmed, by unanimous decision 
substantially, the United States District Court of Colorado 
in dismissal of the cases. 

^ It is unfortunate not only for President Roosevelt, but 
for the citizens of the Republic, that he has not a legal mind 
and no equipoise of executive reason, riding through and 
around the arena of political action on his broncho of arro- 
gant, egotistical impulse, pretending to throw his lariat of 
execution at the heels and broad horns of capital for the 
delectation of voting labor and ending the scene with the 
cunning catch of a prairie wolf or a gopher. 

In all of this fuss and feathers of the whole Administra- 
tion, he and his pliant Attorney General have not sent a 
single ''plutocrat'" to the penitentiary. 

Such a keen political speculator and political and financijil 
strenuosity has never been seen before in this Republic, and 
let us fervently hope that his like shall never be seen again I 

Look at the paragraphs of his rattled messages and you 
will be startled to see and read the insinuations and abusive 
phrases against the Legislative and Judicial Departments of 
the Government. "~~- 

The liberty of the people is gradually and secretly stolon 
bv sneaking Executive encroachments, and even judicial 



8 

deci.'>iuii.-. wlicre the frcecluni of speech and of the press are 
denied, is a most outrageous injustice to the toihng multi- 
tude. 

The voice of the people is over and above all constitutions, 
courts, and Congress! 

President Roosevelt seems to tliink that he alone is the 
Government, and that his ipse dixit must rule everybody, 
including the poor and friendless black soldiers of Browns- 
ville, who were insulted, dismissed, and degraded, without 
proof or trial, by Executive order, and without any war- 
rant of reason or law ! 

President Roosevelt runs the Government on the same 
principles that the Beef Trust runs its sausage factory, from 
a personal standpoint, using legislative and judicial pork as 
the crude material of his fantastic administration. 

While imitating Rienzi and Cromwell in fooling the peo- 
ple, he is practicing the hypocrisy and dictatorship of Cleon 
and Dionysius, and has built up a Roosevelt ring in the 
Army, Navy, and Civil Service, all for his personal and 
political glory, supreme in his impudence, vanity, arrogance, 
and imperial egotism. 

His veto messages are made from the impulsive and igno- 
rant information of his cabinet clerks, and the vacillating At- 
torney General is a weak legal reed of the Rough Rider's 
dependence, who even recently gave a false statement to 
the President upon the joint resolution passed by this Con- 
gress determining the question of the boundary hue between 
the States of Colorado and Oklahoma and the Territory of 
iNCw Mexico. 

At this point Mv. Cook was called to order for alleged cen- 
suring remarks against President Roosevelt, and subsequently 
a committee of five was appointed by Speaker Cannon to 
consider whether the speech should be expunged from the 
Congressional Record. 

The unanimous report of the committee is appended, and 
the House unanimously concurred, thus vindicating the truth 
of all the remarks of the Representative from Colorado, who 
was afterwards allowed under a question of personal privi- 
lege to finish his speech: 



Report of Commii'iki;. 

"The Select Committee appointed to consider the remarks 
of Honorable George W. Cook, delivered in the House on 
February twenty-fifth last and printed in the Congresnonal 
Record on pages 3203 and 3204, and alleged to be in viola- 
tion of the privileges of debate, beg leave to report that we 
have carefully and critically examined the speech of Mr. 
Cook referred to, and are of the opinion, and so report, that 
said speech does not, when treated as a whole, contain lan- 
guage in violation of the privileges of debate, and does not 
call for further action by the House; and your committee, 
therefore, respectfully requests to be discharged. 

'' James R. Mann. 

" James B. Perkins. 

'' David J. Foster. 

'' Henry D. Clayton. 

" William M. Howard." 

To a question of personal privilege, Mr. Speaker, in the 
AVashington Po'st of this morning, an article headed "Fun 
for President" is published. I desire, Mr. Speaker, to read 
a portion of the article given out at the White House, re- 
ferring to me as a Member of this House : 

"As had been arranged Thursday, the House yesterday 
morning referred to a select committee the speech of Repre- 
sentative Cook, in which he assailed the President. The 
resolution referring the speech to a committee was intro- 
duced by Chairman Tawney, of the Appropriations Com- 
mittee, after being suggested by Representative Hughes of 
W^est Virginia. The committee will report to the House on 
Monday what action it recommends. 

"The debate on the resolution was largely parliamentary, 
out Champ Clark opposed it on general grounds, declaring 
that he had opposed expunging Mr. Willett's remarks, l)e- 
cause it was a tendency toward throttling free speech, and 
he opposed expunging the remarks of Mr. Cook on the same 
ground. He did so, he declared, the more freely because 
Mr. Cook was a Republican, and no trace of partisanship 
could be seen in his action. 



10 
Suggested Cause of Attack. 

'•It Wcus said at the White House yesterday that Mr. 
Cook's recent outburst may have been inspired by the Presi- 
dent's opposition to a measure which he has been endeavor- 
ing to have become a law, deahng with a .question of the 
boundary of Colorado. It was pointed out to Mr. Cook that, 
under the Constitution, it was necessary to have affirmative 
action of the Colorado legislature before Congress could act 
in the matter, but that difficulty did not seem to appeal tO' 
him as of sufficient weight. 

''This speech is the second time Mr. Cook has 'gone after' 
the President. About a year ago, soon after he came to 
Congress, and during the preliminary campaign for the 
Republican presidential nomination, he sent out a letter 
attacking Mr. Roosevelt savagely. Mr. Cook was elected 
Congressman-at-large from Colorado in 1908, succeeding 
Franklin E. Brooks, of Colorado Springs. He was not re- 
nominated last summer, and the man who did get the Re- 
publican nomination was defeated by a Democrat at the- 
November elections." 

Mr. Speaker, I positively deny the President of the 
United States pointed out to me that under the Constitution 
it was necessary to have affirmative action of the Colorado 
legislature before action could be taken in the matter. In 
the President's veto of the Colorado,. Oklahoma, and New 
Mexico boundary-line bill he gave as a reason for vetoing 
the boundary-line bill passed by the Sixtieth Congress that 
it would remove from the jurisdiction of Colorado and 
add to the Territory of New Mexico at lea.sit five post-offices 
and an appreciable number of inhabitants. This is also an 
incorrect statement, in proof of which I hold a letter signed 
personally by Mr. INIeyer, the Postmaster-General, dated Jan- 
uary 20, 1909, which I read : 

Office of the PosTMASTER-GE^•ERAL, 
Washington, D. C, January 20, 1909. 
My Dear Congressman : In answer to your letter of Janu- 
ary 19th, 1909. requesting the names of any post-offices 
that were taken from Colorado and re-established in the Ter- 



ritory of New Mexico, under what is known as the Car- 
penter Survey, I have to advise you that the only post-office 
rihown by the records of this Department to have been 
affected by that survey, is that of Edith, New Mexico, which 
in accordance with the survey, was changed from Colorado to 
New Mexico in 1904. Edith post-office is shown on the cur- 
rent post-foute map of the Territory of New Mexico." 

(Signed) Geo. v. L. Meyer. 

Hon. George W. Cook, 

House of Representatives. 

This transfer was made at the time the Interior Depart- 
ment approved and accepted the Carpenter Survey, establish- 
ing a thirty-seventh parallel and boundary line between Colo- 
rado, Oklahoma, and the Territory of New Mexico. The 
thirty-seventh parallel and boundary line was established by 
the act making Colorado a Territory, February 28, 1861 
(12 Stat. L., 172), and by the enabling ast passed by Con- 
gress March 3, 1875, and accepted in the constitution of 
Colorado when admitted into the Union, in 1876. If the 
President had taken time to refer to his letter of January 10, 
1905, addressed to the Senate and House of Representatives, 
inclosing a letter from Secretary Hitchcock, of the Depart- 
ment of the Interior, dated January 7, 1905, he would have 
seen that the Secretary of the Interior used the following 
language : 

''The State of Colorado by act of General Assembly of 
April 11, 1901, authorized the appointment of a commis- 
sioner to act in conjunction with reprasentativcs of the Gen- 
eral Government and the adjacent Territories for the pur- 
pose of fixing and determining a part of said south boundarv 
line." 

In my letter to the President, dated December 31, 1908, 
and personal interview with the President I called his atten- 
tion to the act passed by the Colorado legislature, and to the 
fact that on July 1, 1902, Congress made an appropriation 
of $31,500. Under this authority the Department of the 
Interior made a contract July 7, 1902, with Howard B. 
Carpenter, surveyor and astronomer, for the execution of the 
re-astablishment. The work Avas commenced in September, 
1902, and completed in October, 1903. 



12 

The Carpenter survey, establishing the boundary hne 
between Colorado, Oklahoma, and New Mexico was approved 
and accepted by the Secretary of the Interior February 25, 
1904, which is corroborated by a letter addressed to myself 
under date of February 15, 1909, from the Land Office, 
under the direction of the Secretary of the Interiof and the 
Commissioner of the Land Office, which reads as follows: 

(Copy.) 

Office of the Commissioner. 

Department of the Interior, 

General Land Office, 
Washington, February 15, 1909. 

My Dear Sir: In accordance with your recent request 
over the telephone, I inclose herewith copies of office letter 
and approval of field notes, dated February 25, 1904, re- 
lating to the resurvey of the south boundary of Colorado. 
Very respectfully, 
(Signed) Fred Dennett, 

Co7ninissio,ner. 
Hon. G. W. Cook, 

House of Representatives. 

2 inclosures. 

(Copy.) 
E. C. L. D. B. 

C. L. D. B. 

34459-150758, 1903. 
14079-16659, 1904. 

Department of the Interior, 

General Land Office, 
Washington, D. C, Febmary 25, 1904. 

Address only the Commissioner of the General Land 
Office. 

Subject: Acceptance of Resurvey. 

Mr. H. B. Carpenter, 

U. S. Surveyor, Cheyenne, Wyoming. 
Sir: I am in receipt of your letters of the 18th and 20th 
of January, 1904, transmitting returns of the resurvey of 
the south boundary of Colorado, consisting of three books 
of field notes and eleven diagrams in triplicate, numbered 
as plates 1 to 11, inclusive. 



13 

I am also in receipt of tlie report and astronomical notes 
of Arthur D. Kidder, examiner of surveys, detailed to inspect 
the astronomical work on this line, who accompanied As- 
tronomer MacConnel while the latter was enga.cjed under 
your direction in making the required observatioiis for lati- 
tude. 

I have also received the report of Frank M. Johnson, ex- 
aminer of surveys, who inspected various portions of the 
boundary line as to whether the re-establishment of the said 
line conformed to the requirements of the contract and the 
special instructions in respect to sufficiency of markings and 
accuracy of measurement and alinement. 

Examined Kidder concludes his report upon the astro- 
nomical features of the resurvey as follows : 

"I therefore believe that the determinations have been 
well made and in accordance with Mr. Carpenter's special 
instructions, and knowing that the observations were faith- 
fully and honestly executed, I respectfully recommend the 
acceptance of this part of the work." 

Examiner Johnson made a thorough and exhaustive in- 
spection of the field work of the resurvey. going over por- 
tions of every section of the line between astronomical monu- 
ments. 

In a preliminary report to this office he stated that in re- 
tracing the boundary line between three of the eight 
astronomical monuments (Nos. 4, 5, and 6) he found the 
line, as re-established, to diverge several minutes from a 
true east-and-west line, and, with a view to ascertaining 
whether an error existed in the astronomical work of locat- 
ing the stations to which you closed your line, I directed 
Mr. Kidder to proceed to the above-named stations, situated 
in the mountainous part of the line, and redetermine the 
latitude. He reported that he found, after a careful re- 
observation, that the locations were correctly determined, 
and that any divergence from a true east-and-west line must 
be due to the deviation of the plumb-line caused by- the 
proximity of large mountain ranges. It is found that an 
accurate ascertainment of the amount of error to allow for 
the attractive force of large masses of earth, when making 
observations upon celestial bodies for the purposes of ob- 
taining latitudes, involves elaborate experiments with the 
pendulum at the various points where observations are taken. 
These experiments, however, were not contenqilated in the 
establishment of this boundary and were not included in 
your special instructions; consequently the said deviation is 
not attributable to negligence on your ]inrl nr that of llic 
astronomer working for yon. 



14 

Examiner Johnson sums up his report with the following 
remark : 

''Mr. Carpenter's instrumental work appears to be ex- 
cellent. The corner monuments are uniform in character 
and substantially set. The work taken as a whole is of the 
highest order." 

After a careful scrutiny of the field notes and diagrams 
and the reports of the examiners as above mentioned, I am 
of the opinion that the re-establishment of the south boun- 
dary of Colorado is in conformity with the terms of your 
contract and special instructions and is hereby accepted. 
Very respectfully, 
(Signed) W. A. Richards, 

Covimissioner. 

L. J. 

(Copy.) 

Resurvey of the Boundary Line behveen the State of Colorado 
and the Terntories of New Mexico and Oklahoma. 

Department op the Interior, 
General Land Office, February 25, 1904. 

The foregoing field notes of the resurvey of the boundary 
line between the State of Colorado and the Territories of New 
Mexico and Oklahoma, executed by Howard B. Carpenter, 
U. S. sui-veyor, under his contract with the Commissioner of 
the General Land Office dated July 7, 1902, having been ex- 
amined and found correct, are hereby approved. 

(Signed) W. A. Richards, 

Commissioner. 

I called the President's attention, as well as that of the 
Attorney General, to the misrepresentations that had been 
made to them, and very respectfully requested the veto be 
withdrawn for this reason ; but, notwithstanding the glaring 
injustice done, the President, for reasons best known to him- 
self, has not so far withdrawn his veto. I repeat here, and 
without the least reservation, what I said to the President, 
and quote from my letter to him dated December 31, 1908 : 

''The only objection in Colorado made to the action of the 
Sixtieth Congress and the Interior Department is by the 
Colorado Fuel and Iron Company to avoid the payment of 
taxes on thousands of acres of land underlied with coal, 
situate along the thirty-seventh parallel, and this company 
is now owned and controlled by the Standard Oil Company." 

Evidently the President, judging from his veto message, is 



15 

not ill this important matter antagonizing the interests of the 
Standard Oil Compan}-. 

As to the reference made at the A\'hite House that I was 
not renominated as a Member of the House, I desire to say, 
Mr. Speaker, that at no time was I ever a candidate for re- 
election to this House from my State. 

Mr. Speaker, as to a question of personal privilege, I will 
read a brief paragraph from an afternoon paper published 
in this city, which says : 

''Cook's Speech Now May be Expunged. 

"In explanation of his resolution Mr. Tawney said that 
Representative Cook claimed time for the purpose of talking 
on the subject under consideration, but that as a matter of 
fact he had violated the privileges of debate by making an 
attack on the Chief Executive of ihe Nation, instead of talk- 
ing about the Sundry Civil Appropriation Bill." 

"]\Ir. Speaker. I made no statement of that kind to the 
gentleman from Minnesota (Mr. Tawney). I am not com- 
pelled to consult the gentleman from Minnesota as to what 
I have said or what I shall say as a Member of this House." 

No citizen of the United States ever heard a President 
hrag about wielding the "big stick" over Congress and the 
court- until the present cracked egotist came into power by 
the bullet of an assassin. The imnudent presumption and 
tyrant boast of whirling a "big stick" over the Legislative 
Department of this great Eepublic is the most nutraeeous 
insult that has ever been given to Congress. And we sit 
here, peering vacantly like a lot of Eocky Mountain «heep, 
and allow thi« lawless Dougal Daloettv to call us spoilsmen 
withont a murmur. 

There can be no Nation without a State, and there is no 
State without the individual unit of citizenship. 

The Armv and Navy come from the plain people, and we 
are the supreme masters of the Republic. And the Execu- 
tive Administration of this Republic, now and in the future, 
must know that while it may indict, the jury acquits. 

We must see that government by Executive commission 
and court injunction shall cease, for these legal usurpations 



16 

undermine the personal and official liberty of the citizen and 
must be abrogated and extirpated in the interest of a govern- 
ment of the people, by the people, and for the people ! \ 

Roosevelt has set aside all precedents of custom and law, 
not because they were wrong, but for the vain and egotistical 
desire of attracting public attention to himself, preferring 
even to be censured rather than not be talked about ! 

He has continually kept employed a lot of fawning news- 
paper guerrillas, wdio enlarge the mole-hills of his morality 
into mountains of virtue, and by his continual moving and 
glinting, like the chameleon, attracts the eyas and attention 
of the thoughtless rabble, who gaze entranced at the parade 
of novelty and speculation ! 

He has been the Barnum in the political circus of the 
Republic since the Spanish war, and with his variety ex- 
hibition of fantastic snakes, wolves, tigers, lions, bears, trick 
mules, prize-ring pl'ugs, ajid skin-tight acrobats, has man- 
aged to fool the people and take their money through the 
yell of his employed "barkers" at the door of the "big tent" I 
During Roosevelt's presidential term he branded specifi- 
cally nineteen respectable and eminent citizens as "liars" 
and placed them in the Ananias Gallery of the White House 
among the mounted animals he never slaughtered ! 

Like the brazen fraud who dashes down Broadway, yell- 
ing "Stop thief," he plays the part of calling people "liars" 
when in fact he has been and is now one of the most 
fantastic and impudent political liars in America and will 
say or do anything for his personal and private gain ! He 
is as selfish as a sponge! 

He would not dare at his peril to call men "liars" were 
he not surrounded by the official glamour of the Presidency, 
but, like any other blustering bravado, takes advantage of 
his official station to insult better and braver men than 
himself ! 

But a jew more days and Roosevelt's glittering sands of 
official life will have passed forever through the hour-glass 
of time, and then in the Executive Mansion we will have a 
fine scholar, a great lawyer, a just and honorable judge, and 
an able and good President in the pure and lofty character 
of William- H. Taft. 



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